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ALLSTATE INS. CO. v. BROWN

Nos. 89-6312, 89-6326.

920 F.2d 664 (1990)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. Alfred Lee BROWN; William Chase Brown; Kendall Brown; Edward Stonecipher; Mary Stonecipher; State of Oklahoma; Department of Human Services/Oklahoma Teaching Hospital, Defendants, and Hooshmand Niroumand, individually and as parent and next friend of David Niroumand, Nasim Niroumand and Nushin Niroumand, minors; Ehteran Radfar; Mahmoud Radfar; Khadijeh Samandizadeh, Defendants-Appellants. ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. Alfred Lee BROWN; Kendall Brown, Defendants-Appellants, and William Chase Brown; Hooshmand Niroumand, individually and as parent and next friend of David Niroumand, Nasim Niroumand and Nushin Niroumand, minors; Ehteran Radfar; Mahmoud Radfar; Khadijeh Samandizadeh; Edward Stonecipher; Mary Stonecipher; State of Oklahoma; Department of Human Services, Defendants.

United States Court of Appeals, Tenth Circuit.

November 29, 1990.

Attorney(s) appearing for the Case

Redmond P. Kemether, Robert E. Walker, Inc., Oklahoma City, Okl., on the brief, for defendants-appellants Hooshmand, Nasim, and Nushin Niroumand, Ehteran and Mahmoud Radfar, and Khadijeh Samandizadeh.

Robert T. Keel, Keel and Kulmacz, Oklahoma City, Okl., for defendants-appellants Alfred Lee and Kendall Brown.

George D. Davis and Ronald L. Walker (Michael W. Brewer, on the brief), McKinney, Stringer & Webster, P.C., Oklahoma City, Okl., for plaintiff-appellee.

Before McKAY, LOGAN and ANDERSON, Circuit Judges.

PER CURIAM.

This declaratory judgment action was brought in the District Court for the Western District of Oklahoma by Allstate Insurance Company (Allstate) against its named insured, Alfred Lee Brown, and Alfred's two sons, William Chase Brown, and Kendall Brown (the Brown appellants), and against parties who were allegedly injured by a car driven by William Chase Brown (the Niroumand appellants). Allstate's complaint prayed for a declaration that it had no duty...

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